Complex Torts & Product Liability


Music To Their Ears: What’s An ASCAP License Worth?
June 26, 2012 | Professional Liability | Complex Torts & Product Liability | Intellectual Property
The American Society of Composers, Authors and Publishers (“ASCAP”), which represents music composers, writers, and publishers and which has the non-exclusive right to license the non-dramatic public performances of its members’ music, was formed in 1914.[1] As technologies have evolved over the past century, so has ASCAP’s role.  It is inconceivable that performers at the …
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The New York State Health Benefit Exchange
May 4, 2012 | Appeals | Complex Torts & Product Liability | Health Services
On April 12, 2012, State Governor Andrew M. Cuomo issued an Executive Order to establish the New York State Health Benefit Exchange (the “Exchange”), in conformity with the federal Affordable Care Act.  The Order calls for the establishment of the Exchange within the Department of Health and to be funded entirely with federal funds until …
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Adopting a Strategic Role in the Health Care Industry: Health Supporters
| Appeals | Complex Torts & Product Liability | Health Services
In an era of evolving health care and advanced communications technology, there is room for participation by not only health professionals, but also business entities seeking to partake in the redesign of care processes and delivery of quality services.  Instead of providing medical or clinical services, many have opted to become health supporters or concierge …
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‘Deal of the Day’ Marketing Approved for New York Lawyers – With Caveats
April 17, 2012 | Professional Liability | Appeals | Complex Torts & Product Liability
Lawyers are not immune from the call of the Internet and the growing marketing opportunities that it represents. Lawyers who provide services to small businesses and individuals are particularly attracted to Internet applications that enable them to target potential clients before the client walks in the firm’s door.  Lawyers that use these Internet applications are …
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FDA Issues Draft Guidance on Social Media Off-Label Use Questions
March 9, 2012 | Appeals | Complex Torts & Product Liability | Professional Liability
In its ongoing efforts to address the “rapid growth of the Internet, including social media tools and other emerging technologies,” and its use by medical professionals, consumers and drug and medical device manufacturers and distributors, the Food and Drug Administration (FDA) recently issued a draft guidance proposing ways that a drug or device company may …
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Second Circuit Allows Broad School Oversight of Social Media
December 20, 2011 | Complex Torts & Product Liability | Professional Liability | Appeals
Courts across the country – including a number of federal circuit courts of appeals – continue to struggle with the ability of public school districts to discipline students for offensive online speech made off campus.[1] This past April, in Doninger v. Niehoff, the U.S. Court of Appeals for the Second Circuit weighed in on the …
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“Telecommuting Employee” Insufficient For Jurisdiction
October 18, 2011 | Professional Liability | Appeals | Complex Torts & Product Liability
The Internet continues to lead to interesting issues of personal jurisdiction arising in cases in New York courts. For instance, the New York Court of Appeals has granted leave to appeal in a case in which the plaintiff is asserting claims for defamation and argues that the trial court should assert long-arm jurisdiction over the …
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CMS’s Bundled Payment Initiative
August 23, 2011 | Appeals | Complex Torts & Product Liability | Health Services
The Centers for Medicare & Medicaid Services (“CMS”) announced today that it is seeking applications from providers to participate in its Bundled Payments for Care Improvement (“BPCI”) initiative (more information about this program can be found at http://innovations.cms.gov/documents/pdf/Fact-Sheet-Bundled-Payment-FINAL82311.pdf). This is a program developed pursuant to the Affordable Care Act to accomplish the goals of healthcare …
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New York Places Burden On Design Defect Defendant To Show the Infeasibility of An Alternative Design On Summary Judgment
August 22, 2011 | Appeals | Complex Torts & Product Liability
Please click the link below to view New York Places Burden On Design Defect Defendant To Show the Infeasibility of An Alternative Design On Summary Judgment. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. New York Places Burden On Design …
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Website Operators Found Immune Over Comments
August 16, 2011 | Professional Liability | Appeals | Complex Torts & Product Liability
More than a decade ago, in Lunney v. Prodigy Servs. Co.,[1] the New York Court of Appeals declined, as premature, a request to decide whether to adopt a broad interpretation of immunity for Internet service providers (“ISPs”) under Section 230[2] of the federal Communications Decency Act (“CDA”).[3] In the intervening years, Internet use has exploded …
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Federal Decision Supports Online Political Parody
June 21, 2011 | Professional Liability | Appeals | Complex Torts & Product Liability
Parody has long played an important role in intellectual property law, and in intellectual property litigation. It should be no surprise, therefore, that parody issues arise with respect to the Internet, and that over the years courts have issued a number of significant decisions involving claims of parody and the Web. Earlier this year, The …
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Thirty Years of Agent Orange Litigation
January 13, 2010 | Paul V. Majkowski | Complex Torts & Product Liability
Paul Majkowski co-wrote an article in DRI’s For the Defense, “Thirty Years of Agent Orange Litigation.” Click here to read. © 2010 DRI. All rights reserved. …
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Using Statistical Analysis in Mass Toxic Tort Cases: Are the Courts a Century Behind Science?
January 1, 2008 | Paul V. Majkowski | Complex Torts & Product Liability
Paul Majkowski co-authored an American Bar Association article, “Using Statistical Analysis in Mass Toxic Tort Cases: Are the Courts a Century Behind Science.” Click here to read. Published in Mass Torts, Volume 7, Number 1, Fall/Winter 2009. © 2008 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion …
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